Landlord - Tenant

Question 1

What are the 5 term of years requirements for landlord-tenant?

Answer 1

1. not terminated by death of landlord or tenant
2. no notice to end, tenant is stuck with property until the end date
3. termination date must be specified to be a term of years
4. can be terminated on earlier happenings of some event or condition
5. must give 60 days notice of termination

Question 2

What is the duty to mitigate in landlord-tenant situations?

Answer 2

if before a lease is over and a tenant leave - then the landlord has a duty to try and lease the property

Many states require the landlord to make reasonable efforts to re-rent the place - the landlord does not have to accept an unfavorable deal but they must reasonably try.

Question 3

What is the MO take on the duty to mitigate in landlord-tenant situations?

Answer 3

There is a weak duty in MO

If the renter does not have possession of a property, it doesn’t matter. the landlord must make an effort (like newspaper ads and etc. ) and if it stays un-rented, whatever period that is not rented the renter is liable for.

Question 4

What is a periodic tenancy?

Answer 4

a lease for a period of time - frequently a year which renews automatically unless either party opts out.

This is implied if the lease has no set termination but does provide for the payment of rent at specific periods.

Question 5

What is the MO take on periodic tenancy?

Answer 5

Year to year term - tenant needs to give 60 days notice in writing

Month to month - tenant need to give 30 days notice (if tenant pays month to month but there is no term then the period of notice is the payment period)

Question 6

What are the 3 requirements for tenancy at will?

Answer 6

1. as long as the parties want
2. ends at death
3. only available if contract specifically says either party can terminate at any time.

Question 7

What is the MO take on tenancy at will?

Answer 7

Its statutory - tenant must given one month notice to vacate

Question 8

What is tenancy at sufferance (holdover)?

Answer 8

when a tenant holds over after termination of the tenancy

Question 9

What is the MO take on tenancy at sufferance (holdover)?

Answer 9

If the tenant stays in the place after the lease without consent from the landlord, the landlord can kick you out at any time (no notice needed)

Question 10

What is the Common Law take on periodic tenancy?

Answer 10

notice of one full term, or 6 months for a year

Question 11

What are the 2 common law options a landlord has under tenancy at sufferance?

Answer 11

1. eviction plus damages (trespass)
2. consent to the creation of a new tenancy - renewal is under the same terms and periods as the initial lease with a maximum of one year.

Question 12

Is the implied warranty of habitability waivable?

Answer 12

no

Question 13

What is the MO take on subleases?

Answer 13

if not specified in the K, owner may only deny subleases when reasonable

Question 14

When can subleases be denied?

Answer 14

when it says “with consent of landlord”, the landlord can arbitrarily deny

Question 15

What is the modern law take on constructive eviction?

Answer 15

If a landlord’s wrongful conduct interferes with the tenants beneficial use and enjoyment of the leased premises, tenant can vacate and is relieved from liability.

The implied warranty of habitability offers broader protection for a tenant.

Question 16

What are the 2 elements of constructive eviction?

Answer 16

1. wrongful conduct

2. substantially interferes

Question 17

What are the 2 indicators of wrongful conduct under constructive eviction?

Answer 17

1. any affirmative act

2. omission - when landlord fails to follow statutory restrictions on the leased premises or limited repair duties

Question 18

What are the 2 indicators of substantially interferes under constructive eviction?

Answer 18

1. a reasonable person would have to conclude that the dwelling is uninhabitable or commercially unsuitable for business
2. does not need to be permanent, often is enough (think rain)

Question 19

What are the 3 things a tenant must do under an implied warranty tenant-landlord relationship?

Answer 19

1. provide the landlord with notice of the defect
2. allow reasonable time for the repairs to be done
3. tenant must abandon if they want to escape liability

Question 20

What are the 3 things a tenant may do under an implied warranty landlord-tenant relationship?

Answer 20

1. withhold rent until it is fixed
2. if tenant fixes problems, they may subtract those costs from rent
3. seek damages for fair rent

Question 21

Types of tenancies (3)

Answer 21

1. Term of years
2. Periodic Tenancy
3. Tenancy at will

Question 22

Periodic tenancy duration and termination (3)

Answer 22

1. MO - Year to year, 60 days notice required
2. MO - Less than year to year – one month notice
3. Must end on anniversary date

Question 23

Common law periodic tenancy

Answer 23

one period notice up to 6 months

Question 24

Tenancy at will (3)

Answer 24

1. No fixed term
2. MO - Thirty days notice to quit
3. Need not end on anniversary date

Question 25

Comm on law tenancy at will

Answer 25

no notice to quit required

Question 26

5 factors to the termination of tenancies

Answer 26

1. Without a lease
2. MO – month to month
3. Term of years lease
4. Periodic tenancy lease
5. Lease silent on term